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CR.MA/13904/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13904 of 2008
=========================================================
BIREN
SANJAYBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MM TIRMIZI for
Applicant(s) : 1,
MR SP HASURKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
Heard
learned advocate for the applicant and APP Mr.S.P.Hasurkar for
respondent State.
2. RULE.
Learned APP Mr.Hasurkar waives service of rule on behalf of the
respondent State.
3. The
applicant, who has been arrested in connection with CR No. I-586 of
2008 by the Ellisbridge Police Station, Ahmedabad for the offences
punishable under Sections 454, 457 and 380 of IPC, has preferred
this application for seeking his release on regular bail.
4. The
allegation against the applicant is that he is involved in the
offence committed by some persons with regard to theft. It is
submitted by the learned advocate for the applicant that the name of
the applicant was not there when the complaint was lodged, but it was
later on added on suspicion.
5. Taking
into consideration the facts and circumstances of the case, the
application deserves to be allowed and it is hereby allowed. The
applicant is ordered to be released on bail in connection with the
offences alleged against him on his executing a personal bond in sum
of Rs.10,000/- (Rupees Ten Thousand only) with a surety of like
amount to the satisfaction of the lower Court and subject to the
conditions that he shall,
(a) not
take undue advantage of his liberty or misuse his liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
his presence before the concerned police station on 1st
Monday of every month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of the
Sessions concerned;
(f) furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
(g) surrender
his passport, if any, to the lower Court within a week.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,J.)
Sreeram.
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